SAWAI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed against an order passed by the appellate court whereby the appellate court has not favoured the petitioner with an order of suspension of sentence of fine.

(2.) The order of suspension of fine is discretionary order. That is passed in the wisdom of the Presiding Judge while considering the appeal. If the Presiding Judge in his wisdom has not considered it to suspend the sentence of fine, this Court in its extra-ordinary jurisdiction under Sec. 482 Crimial P.C. would not be justified in interfering with the order which could have otherwise been challenged in a revision petition.

(3.) Learned counsel for the petitioner urged that learned Magistrate has imposed fine of Rs. 50,000.00 who was not competent in law to impose such punishment. He also places reliance on 1999(4) Crime 212 (SC) (K. Bhaskaran Vs. Sankaran Vadhya Balan & Anr.). This is a ground which would be available while he argues the appeal where if it is found that sentence of fine has been illegally imposed, the appellate court will interfere in the order and set aside the sentence of fine. The imposition of fine is not such a matter which requires this Court to interfere in its extra-ordinary jurisdiction more particularly when the accused is involved in economic crime. He has already violated the copy rights. The misc. petition having no force is dismissed. Petition Dismissed.